witness intimidation

[MickyM]

What is the name of your state (only U.S. law)? Illinois

I'm in the middle of a very contentious custody battle. My wife and I were both ordered to undergo a psychological evaluation as a routine part of this process. The evaluating psychologist asked for "testimonials" from friends or others who had direct knowledge of our respective parenting abilities. My ex approached a mutual friend and asked him to sign an affidavit that she'd written stating that he'd witnessed me involved in an inappropriate (homosexual) relationship with an employee (I'm a business owner). When he refused to "lie for her", she threatened that he'd be sorry. She then proceeded to call the friend's wife and "inform her" that he was having affairs and was hosting wild porn/sex parties.

All of this is crazy and should have been picked up by the psychologist - it wasn't, but that's another issue.

She demanded someone commit purjury with the (non-specific) threat of retribution when he refused. She followed through with the threat by slandering him to his wife and causing undue marital strife for him. If this were a criminal matter, I believe this would constitute felony witness intimidation.

My question is this: Were her actions criminal? Do I have any recourse beyond bringing her actions to the attention of the divorce court.What is the name of your state (only U.S. law)?

[Ohiogal]

The damage was not done to you but rather your mutual friend. He can try to sue her for defamation. If he has the money and the time.

[mistoffolees]

Originally Posted by MickyM

What is the name of your state (only U.S. law)? Illinois

I'm in the middle of a very contentious custody battle. My wife and I were both ordered to undergo a psychological evaluation as a routine part of this process. The evaluating psychologist asked for "testimonials" from friends or others who had direct knowledge of our respective parenting abilities. My ex approached a mutual friend and asked him to sign an affidavit that she'd written stating that he'd witnessed me involved in an inappropriate (homosexual) relationship with an employee (I'm a business owner). When he refused to "lie for her", she threatened that he'd be sorry. She then proceeded to call the friend's wife and "inform her" that he was having affairs and was hosting wild porn/sex parties.

All of this is crazy and should have been picked up by the psychologist - it wasn't, but that's another issue.

She demanded someone commit purjury with the (non-specific) threat of retribution when he refused. She followed through with the threat by slandering him to his wife and causing undue marital strife for him. If this were a criminal matter, I believe this would constitute felony witness intimidation.

My question is this: Were her actions criminal? Do I have any recourse beyond bringing her actions to the attention of the divorce court.What is the name of your state (only U.S. law)?

You weren't harmed, so you have no cause of action. You can ask your attorney about bringing it to the attention of the court, but I believe it would be a mistake for several reasons:
1. Presumably, your friend told the counselor and the counselor would pass that on.
2. It makes you look like you're trying to cause trouble.
3. It's only hearsay so it's probably inadmissible any way.

I'm a little surprised that your counselor is asking for you to provide witnesses as to your parenting. That kind of second hand stuff isn't generally useful in counseling reports. Typically, they would interview the two of you, administer some tests, and then talk with the child(ren).